Family Medical Leave Act | MassCops

Family Medical Leave Act

Discussion in 'Police Administration' started by kttref, Dec 19, 2008.

  1. kttref

    kttref New Member

    Can the town and Chief force me to use all my accrued sick/comp/vacation time PRIOR to letting me use FMLA for pregnancy? Anyone know?
  2. Johnny Law

    Johnny Law Nemo me impune lacessit Staff Member

    I thought that's how they paid you while you were out. Example: I used a month of combined vacation, comp and sick when my son was born. This was FMLA and I still got paid my normal pay, just billed out to those three accounts. Otherwise, you can go into no pay status and still be out on FMLA for up to 12 weeks.
  3. BrickCop

    BrickCop Subscribing Member

    I think he can as I understand FMLA but I'm no expert...what does your union counsel say?

    BLUE BLOOD ...---...

    You decide when to use it, not your Chief.
  5. Nuke_TRT

    Nuke_TRT Stirrer of the Pot

    Q: Does the law guarantee paid time off?
    No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave or, subject to certain restrictions, sick or family leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement.
  6. kttref

    kttref New Member

    Ugh. So glad I brought this up 2 months ago and the decided to get back to me 2 weeks before my due date. I had no intention of using all my paid leave - I had every intention of using unpaid leave. Looks like I'm only gonna get a month or so with my son before I have to go back to work. Unbelievable.
  7. HELPMe

    HELPMe New Member

    FMLA just holds your position. It does not pay you for being out of work. That's why your chief said use your sick/vacation/comp time in order to receive a paycheck other wise you get squat.
  8. DJM1968

    DJM1968 MassCops Member

    That's pretty much the long and short of it; I've just about used up my 4 weeks vaca/sick/personal time recovering from cancer surgery, and I'll be another two weeks before the doc will give me the ok to go back to work. I won't be collecting any pay for the last two weeks I'm out.

    Good luck with your pregnancy. :)
  9. kttref

    kttref New Member

    I guess I should explain a bit how I was planning on taking my maternity leave:

    4 weeks paid
    12 weeks unpaid through FMLA.

    Turns out, according to the town (through the Chief) I MUST take all my saved time (totalling 10 weeks). Then I can take 2 weeks unpaid through FMLA. At that point it is up to the Chief and commissions discretion if I am allowed to take another 4 unpaid. Problem is, I was saving a week vacation because I have to go to Vermont in June for my master' instead it has been decided that I will go out unpaid for that week (as a special circumstance).

    Ultimately I am getting paid for much longer, even though I am fully exhausting my time off. Turns out I have no say in the matter because there is no past practice. I am the first female to ever use FMLA or a leave of absence for maternity. So the Chief is trying to protect his best interest by creating a past practice rule through me. I hate being the guinea pig, but I have no choice.
  10. PVD24

    PVD24 MassCops Member

    what about short term or long term disability... does it apply to pregnancy?
  11. kttref

    kttref New Member

    We don't get short term disability at my PD....and long term does not apply. Oh well.
  12. Delta784

    Delta784 Guest

    If you have a union, the leadership (if they're so inclined) can sign an agreement with the chief/town where allowing you to take unpaid leave is a "one off" type of thing, and waive it as past practice. I'm not saying the union membership would even go for it, but it's something to think about.
  13. emerlad

    emerlad New Member

    Hey DJM-
    Does the DOC have the option of putting in for sick leave bank?
    If so, apply and use it for cancer recovery.
  14. cmagryan

    cmagryan Subscribing Member

    - Kate, I too, had to use all my time, (vaca, sick, pers), in order for FMLA to kick in - That was my plan, though, and I took nearly 6 months off with baby #1. Stayed out with the next (unpaid) until we ran out of money and I had to go back!

    - We didn't have a policy either, and future women may not want to stay out as long as I did - but I liked being able to craft my own leave and not have it etched in stone already.

    - Best wishes...
  15. kttref

    kttref New Member

    You hit the nail on the guys would NEVER go for anything maternity related to benefit one person...because it doesn't benefit them. I learned a long time ago - if it doesn't affect a person they will not vote for it. Thanks though, good thought!

    Gotta love it. Thanks for the stories...
  16. chief801

    chief801 Subscribing Member

    I feel for definitely isn't easy. We had a similar situation, one of our female officers approached me early on and what we did was allow her to accrue a ton of comp time to get her through the 12 week FMLA time with pay, that way she did not have to burn up all of her vacation and sick time.
  17. Delta784

    Delta784 Guest

    It's worth a try...if you've put your time in on the street, you might find more sympathy for a new mom than you think, especially if a lot of your co-workers have children themselves.
  18. kttref

    kttref New Member

    The guys who are married with kids understand and are actually really good about it - but all of them are in single income relationships which puts another dynamic on it.

    We have too many guys who are single or are married w/o kids (most of whom have been on as long as I have - our PD is very young) - who swing votes. What are ya gonna do.

    I still find it hard to believe that the town was so against me NOT getting paid!
  19. kwflatbed

    kwflatbed MassCops Angel Staff Member

    Kate all you have to do is look at the multi million dollar cooperate operations in your town,and the amount of millionaires living there.

    Call Obama and tell him they won't share the wealth
  20. kttref

    kttref New Member

    Valid point Har. I should make a phone call or two...maybe he'll even let me keep my guns.
  21. chief801

    chief801 Subscribing Member

    Not being cold, I have kids and I understand...

    Depending on the size of the department, it really can have a huge impact. 12 weeks is a long time...imagine increasing that to 24 or 36 cripples small departments! Women in other professions/vocations go back to work within 12 weeks (unless they can afford otherwise), I believe in doing everything we can for families, but we also have to keep troops on the road. Forced overtime gets really touchy to the troops after 12 or 14 weeks...
  22. kttref

    kttref New Member

    Actually, I am not causing a single ounce of OT. We are 8 guys down right now (due to injuries, pregnancy, etc) - and there is NO forced OT.
  23. drewpopo

    drewpopo MassCops Member

    My town has let male offiers go on FMLA after the birth of a child, and allowed them to use accured time in order to be paid. Nothing in FMLA says you have have to use all your accured time. If you want to go out FMLA and not get paid, it is well within your rights, however if you hold you health insurance you will have to pay the town your contribution. FMLA is there so you can not be replaced. Some jobs will allow officers to burn sick time while on FMLA but require them to burn, Vac, pers, and admin time first.
  24. kttref

    kttref New Member

    Unfortunately the way the town has it's FMLA written up (which they are allowed to make more stringent), I MUST use all my accrused time. Oh well.
  25. Mass

    Mass MassCops Member

    I hope everything works out for you. Best of Luck!

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